강간
The judgment of the court below is reversed.
The punishment of the accused shall be three years of imprisonment.
except that from the date of this judgment.
1. The gist of the grounds for appeal is too unfilled and unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904), effective June 12, 2019, provides that where a court pronounces a sex offense (referring to a sexual crime defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children or juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter the same shall apply), it shall order, by judgment, that no person shall operate welfare facilities for persons with disabilities or provide employment or actual labor to persons with disabilities for a certain period from the date (referring to the date on which a fine becomes final and conclusive, where a fine is sentenced) on which the execution of such punishment is terminated or suspended or exempted (hereinafter referred to as "employment restriction
In addition, Article 2 of the Addenda to the same Act provides that the amended provisions of Article 59-3 above shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.
Therefore, the defendant who committed a sex offense before the enforcement of the Act should also be sentenced to the employment restriction order on welfare facilities for the disabled.
On the other hand, the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904) did not provide for an employment restriction order on welfare facilities for persons with disabilities. Thus, the court below did not issue an employment restriction order on welfare facilities for the
However, since the employment restriction order on welfare facilities for the disabled is an incidental disposition that issues an employment restriction order simultaneously with the judgment of the sex offense case, in the event that the defendant issues an employment restriction order on welfare facilities for the disabled, it is inevitable to reverse
Therefore, it is true.